Transfer of undertakings: No transfer of local government administration

This report relates to 1 case(s)

The EC Business Transfers
Directive does not apply to the transfer of administrative functions from
several local/municipal authorities to a specially created body which then
carries out those functions, rules the European Court of Justice in Henke v Gemeinde Schierke and Verwaltungsgemeinschaft "Brocken" [1996] IRLR 701. It follows that the reorganisation of
public administration or the transfer of administrative functions between
public administrative authorities does not constitute a transfer of an
undertaking, insofar as the transfer relates "only to activities involving the
exercise of public authority".

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